Organ transplants from executed prisoners : an argument for death sentence organ removal statutes / Louis J. Palmer, Jr.

Format:

Book

Author/Creator:

Palmer, Louis J., Jr., 1956- 2014.

Language:

English

Subjects (All):

Donation of organs, tissues, etc--Law and legislation--United States.

Donation of organs, tissues, etc.

Capital punishment--United States.

Capital punishment.

Dead bodies (Law)--United States.

Dead bodies (Law).

Physical Description:

1 online resource (195 p.)

Edition:

Revised edition.

Place of Publication:

Jefferson, North Carolina : Jefferson, North CarolinaMcFarland & Company, 2014.

Language Note:

English

Summary:

In this revised edition, this book continues the debate on whether transplantable organs of executed capital felons should be used to save lives. It provides the reader with relevant data and information necessary for making an informed and intelligent decision on this crucial matter. In a balanced approach, constitutional arguments on behalf of capital felons and their families are discussed. Based on precedents by the United States Supreme Court, the author argues that the constitution supports the removal of transplantable organs from executed capital felons.

Contents:

Cover; Table of Contents; Introduction; 1. Creation of Rights in a Corpse; Origin and Meaning of Common Law; Common Law No-Property Rule; Initial Use of No-Property Rule in America; American Courts Develop Quasi-Property Rule; 2. The Market for Human Body Parts; Medical Science Breakthrough; Unfulfilled Demand for Body Parts; Sale of Body Parts Prohibited; Current Method of Obtaining Body Parts; Proposals for Commercializing the Body-Part Market; Presumed Consent; The Israeli Organ-for-Organ Law; Mandated Choice; 3. Removing Transplantable Organs of Capital Felons

Statutory Disposal of CorpsesRemoving Organs as Part of the Death Sentence; Justification for Removing Organs; 4. Organ Removal Statutes and the United States Constitution; Free Exercise Clause; Establishment Clause; Involuntary Servitude Clause; Slavery Clause; Takings Clause; Seizure Clause; Equal Protection Clause; Due Process Clause; Cruel and Unusual Punishment Clause; 5. The Need for a New Method of Execution; Current Methods of Execution; Inefficiency of Present Execution Methods; Utilizing an Efficient Method of Execution; 6. Other Necessary Changes in Capital Punishment Laws

Minimizing Discrimination in Capital PunishmentExpediting Capital Punishment; 7. Practical Considerations; Ownership of Body Parts; Anonymity Issues; Appendix: Model Death Sentence Organ Removal Statute; Chapter Notes; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-4766-1636-1